Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Criminal:
Commonwealth motion in limine; prisoner assault case; admission of inmate statement with incendiary language; marginal relevance; possibility of prejudice; waiver of disciplinary hearing as tacit admission of guilt; pre-arrest silence
(ball012512L)
(Posted: January 30th 2012)
Adoption:
Petition for voluntary relinquishment of parental rights; adoption of child by step-brother of mother, while mother retains parental rights; in loco parentis status; no intention to live in family unit; legislative intent
(kr0l12512m)
(Posted: January 26th 2012)
Criminal:
Post conviction relief act petition; eligibility for relief; lack of incarceration
(McClam012412bt)
(Posted: January 25th 2012)
Pennsylvania General Energy Company, LLC vs Watson Township Zoning Hearing Board
1.24.2012
Dudley N. Anderson
Administrative Appeal:
Petition to intervene by non-party to appeal of denial of special exception and variances; affect upon legally enforceable interest; right of peaceable enjoyment of property; interest represented by the township
(pageneralenergy012412a)
(Posted: January 25th 2012)
Divorce:
Appeal
(ms11712m)
(Posted: January 23rd 2012)
Civil:
Petition for preliminary injunction; employment agreement dispute; enforceable restrictive covenant; lack of immediate and irreparable harm; compensable with money damages; knowledgeable party to contract who had assistance of counsel
(Corbett012312g)
(Posted: January 23rd 2012)
Criminal:
Post sentence motion; sufficiency and weight of evidence; counterfeit money order; claimed lack of knowledge
(detwiler012012br)
(Posted: January 20th 2012)
Civil:
Post trial motions; improper entry of judgment for both ejectment and quiet title; binding consentable line
(Hess011812g)
(Posted: January 19th 2012)
Criminal:
Appeal
(betts011812g)
(Posted: January 18th 2012)
Civil:
Motion to allow use of medicals under MCare Act; evidence of medical bills as billed or actually paid; purpose of MCare act to ensure fair legal process and reasonable compensation; possibility of plaintiff's windfall; use of limiting jury instruction; relevance of insurance status of the plaintiff
(Dieffenbach011812g)
(Posted: January 18th 2012)
Criminal:
Post sentence motion; murder conviction with death penalty imposed; maximum sentence for conspiracy exceeded; denial of challenges to jurors; potential juror agreed to follow judicial instruction; lack of prejudice where not all peremptory challenges used; removal from room of jurors during challenge discussions; grant of challenge to juror who could not agree to death penalty; striking juror based on factors unrelated to race; challenge to juror who had strong connections to the police department; expert testimony relating to the eye witness identification; exclusion of evidence concerning potential jury tampering by witness; prior bad acts and other crimes evidence; hearsay evidence; statements offered for effect on defendant and not for their truth; prejudicial closing argument; jury consideration of written instructions; re-instructing the jury; testimony of witness to conclusions concerning a conspiracy; evidence of defendant's incarceration at trial; adequacy of standard jury instruction during death penalty phase; waiver of objections to the closing argument; discretion to allow witnesses
(Patterson011712bt)
(Posted: January 17th 2012)
Criminal:
Suppression motion; accident involving intoxicated driver; investigatory questioning; lack of Miranda warnings; custodial questioning
(Nottingham011312bt)
(Posted: January 14th 2012)
Criminal:
Appeal nunc pro tunc; probation revocation; discretion of the court; consideration of age, mental health history and rehabilitative needs
(cupp011212a)
(Posted: January 13th 2012)
Civil:
Preliminary objections to new matter and counterclaim; foreclosure case; counterclaim alleging "predatory lending techniques"; authority to counterclaim for damages in an in rem action; existence of "predatory lending" as a separate cause of action; lack of specificity in pleading.
(wellsfargomendler011112a)
(Posted: January 12th 2012)
Criminal:
Post conviction relief act petition; multiple filings; timeliness; lack of due diligence
(Johnson011212bt)
(Posted: January 12th 2012)
Criminal:
Suppression motion; reasonable suspicion to initiate an investigatory detention; legality of arrest; independent basis for search warrant
(Taylor011212bt)
(Posted: January 12th 2012)
Civil:
Motion in limine to prohibit testimony about the defendant's subjective state of mind and character; error of judgment charge
(Dieffenbach011212g)
(Posted: January 12th 2012)
Civil:
Appeal of non-jury verdict; discretion of court to admit testimony of witnesses; witnesses identified as "representatives of" defendant in the pretrial statement; local rule L212; evaluation of credibility of witnesses; weight of the evidence; timeliness of post trial motion and of the appeal
(litz010912g)
(Posted: January 10th 2012)
Support:
Exceptions to support order; contribution for health insurance; deviation for health insurance expense; both parties have insurance for child at no additional cost to either; unusually large health insurance premium; HIPP subsidy
(ml011012a)
(Posted: January 10th 2012)
Bass vs. Sechrist Construction & Remodeling, Inc. vs. Centre Concrete Company
1.10.2012
Dudley N. Anderson
Civil:
Motion for summary judgment; contract case relating to installation of driveway; need for expert opinion relating to claimed defective concrete and unworkmanlike installation; res ipsa loquitur
(bass011012a)
(Posted: January 10th 2012)
Criminal:
Reconsideration of rule 600 motion to dismiss; excludable time; time motion pending before the court
(Downs011012bt)
(Posted: January 10th 2012)
Civil:
Motion in limine; reference to relation between plaintiff's attorney and one of plaintiff's witnesses; conversations about the case at social events; credibility of the witness at issue
(Dieffenbach010612g1)
(Posted: January 6th 2012)
Civil:
Motion in limine to preclude testimony of plaintiff's physician expert; certainty of testimony; use of language such as "very likely" or "would have shown"
(Dieffenbach010612g2)
(Posted: January 6th 2012)
Bonnie Phillips vs. Muncy Valley Lodge No. 866 Loyal Order of Moose and Cochran
1.6.2012
Dudley N. Anderson
Civil:
Motion for summary judgment; Pennsylvania Human Relations Act case; age discrimination; fact issues raised by affidavit and plaintiff's testimony
(phillips010612a)
(Posted: January 6th 2012)
Civil:
Motion to amend complaint; punitive damages; MCARE act standards; gross negligence; willful or wanton conduct or reckless indifference; conscious disregard and subjective appreciation of the risk; mere negligence or gross negligence
(twh010512g)
(Posted: January 5th 2012)
Civil:
Preliminary objections; replevin action; contracting party as indispensable party; possession of the property
(GMDILeasing010412a)
(Posted: January 4th 2012)
Civil:
Claim for exemption on writ of execution; value of vehicle; plaintiff's burden of proof
(cach113011L)
(Posted: January 3rd 2012)
Criminal:
Post sentence motion; sufficiency of evidence of endangering the welfare of a child; testimony of sexual relations with a relative; lack of consistent verdict; viability of claim of unlawful contact with a minor where claim is against step-parent; weight of the evidence; excessive sentence; multiple rape and related offenses convictions; claim for "volume discount", affect on the victim; sexually violent predator determination
(Segraves121011L)
(Posted: January 3rd 2012)
Criminal:
Sentencing issue; calculation of gravity score; stipulation; waiver of argument; sufficient factual basis for argument for higher gravity score
(burkhart121511L)
(Posted: January 3rd 2012)
Adoption:
Petition for involuntary termination of parental rights; credibility issues concerning mother's involvement in child's life; failure to pay child support; settled purpose to relinquish parental claim; incarcerated parent
(aw121311L)
(Posted: January 3rd 2012)
Criminal:
Motion to transfer to juvenile court; felony case involving a 17 year old using a knife; burden to prove that juvenile is amenable to treatment; exhaustion of juvenile court resources
(turner122011L)
(Posted: January 3rd 2012)
Criminal:
Appeal; drug case; weight and sufficiency of evidence of intent to deliver; constructive possession of large amount of crack cocaine and heroin; possession of cash in a number of places; high speed chase showing consciousness of guilt
(Robinson122211L)
(Posted: January 3rd 2012)
Adoption:
Motion to dismiss petition for involuntary termination of parental rights; statutory requirements; filing of custody complaint; consideration of all circumstances; required factual hearing
(ew100411L)
(Posted: January 3rd 2012)
Conestoga Ceramic Tile Distributors, Inc. vs. Pennsylvania College of Technology
12.23.2011
Dudley N. Anderson
Civil:
Preliminary objections to mechanic's lien claim; preliminary objections to the preliminary objections; prothonotary's errant refusal to accept preliminary objection filing; timeliness of objections; requirement of a notice to plead; waiver of liens; issue of fraudulent procurement not raised in the filings
(conestoga122311a)
(Posted: January 3rd 2012)
Criminal:
Post conviction relief act petition; probation violation; ineffective counsel; claimed promise by counsel of a certain sentence; credibility issues
(Bozochovic122911L)
(Posted: January 3rd 2012)
Criminal:
Appeal; drug case; denial of post sentence motion; weight of the evidence; credibility of witnesses at trial; claim of excessive sentence
(Boothe122911L)
(Posted: January 3rd 2012)
Day vs. Meyer, Gregory, Anadarko E&P Company, LP; Chesapeake Appalachia, LLC; Statoil USA Onshore Properties, INC
12.30.2011
Richard A. Gray
Civil:
Motions for judgment on the pleadings; ownership of natural gas rights; rule in Dunham v. Kirkpatrick; rebuttable presumption that natural gas is not a mineral; rule of construction against grantor
(day12302011g)
(Posted: December 30th 2011)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Mosely122311bt)
(Posted: December 23rd 2011)
Criminal:
Motion to dismiss; rule 600; excludable time; Commonwealth continuance concurred in by defendant
(Downs122311bt)
(Posted: December 23rd 2011)
Criminal:
Petition for writ of habeas corpus; prima facie case; aiming and shooting a gun in vicinity of victim as aggravated assault, simple assault or reckless endangerment
(Crissman122211bt)
(Posted: December 21st 2011)
Criminal:
Post conviction relief act petition; sufficiency of the guilty plea colloquy; written colloquy; admitted guilt on record; ineffective counsel; failure to negotiate a plea to less than 3 charges; lack of impact on the sentence; specificity of the petition; failure to object to improperly calculated prior record score; need for a factual hearing
(Thornton121311bt)
(Posted: December 13th 2011)
Anadarko Petroleum Corporation vs. Inergy Midstream, LLC and Central New York Oil & Gas Company, LLC.
12.13.2011
Richard A. Gray
Civil:
Preliminary objections; contract case; demurrer; enforceability of a contract; conditions precedent; pleading of essential terms; fact questions precluding dismissal of the suit
(Anadarko12132011g)
(Posted: December 13th 2011)
Criminal:
Appeal; post conviction relief act petition; ineffective counsel; police officer expert testimony; rules governing expert disclosure; need for written expert report; testimony of co-conspirators regarding prior drug activity; prior bad acts; evidence of guilty plea of co-conspirator, requesting a corrupt source charge; trial counsel strategy; impact on the outcome of the trial
(McIntosh121211bt)
(Posted: December 12th 2011)
Criminal:
Post conviction relief act petition; murder case; missing witness charge where witness does not respond to subpoena; refusal to excuse juror who had seen news coverage; evidence that supports claim; ineffective counsel; failure to investigate information from defendant; waiver; evidence of alternative murderer; advice of counsel on plea agreement
(Mitchell121211bt)
(Posted: December 12th 2011)
Criminal:
Appeal; post conviction relief act petition; ineffective counsel
(Howard121211bt)
(Posted: December 12th 2011)
Civil:
Appeal; denial of motion to remand to master in partition matter; case on remand from appeal; issue reduced to final judgment and not preserved in previous appeals
(winner120911g)
(Posted: December 9th 2011)
Conti vs. White Deer Run, Inc., White Deer Run of Williamsport and CRC Health Group, Inc.
12.9.2011
Dudley N. Anderson
Civil:
Motion for summary judgment; claim for damages due to mishandled drug evaluation; loss of nursing license; causation; supplementation of record with expert report
(conti120911a)
(Posted: December 9th 2011)
Hill vs. Century 21 Appraisals/Privatized Lycoming County Assessment Office
12.7.2011
Richard A. Gray
Civil:
Preliminary objections; alleged violations of civil rights, criminal fraud, deceptive business practices, mail fraud, illegal taxation, breach of contract, and_x000d_
racketeering criminal enterprise; personal and subject matter jurisdiction; lack of service; standing to object to tax assessment; statutory remedies; exhaustion of administrative remedies
(hill120712g)
(Posted: December 8th 2011)
Divorce:
Petitions for contempt for failure to comply with property settlement agreement; affect of mutual releases in agreement to relieve a party of violation of the agreement, where agreement was reaffirmed after the violation; timeliness of compliance with terms of agreement when no time specified; contempt where party lacked ability to comply with the agreement; need for an order to enforce an agreement through contempt petition
(Murphy120811m)
(Posted: December 8th 2011)
Divorce:
Claim for alimony pendente lite; consideration of the short duration of the marriage; use of alimony factors when deviating from support guidelines
(Manoharan12811m)
(Posted: December 8th 2011)
Divorce:
Exceptions to master's report; alimony pendente lite; consideration of short length of marriage
(Manoharan122311m)
(Posted: December 8th 2011)
Support:
Appeal; child support; enforcement of agreement; contempt petition; burden of proof to show contempt; credibility of witnesses; attempt to reopen the record to provide rebuttal evidence; discretion of the court; lack of a good reason and proper showing as to why the record should be reopened.
(ema120511g)
(Posted: December 6th 2011)
Criminal:
Appeal
(Gates120511bt)
(Posted: December 5th 2011)
Criminal:
Appeal; post conviction relief act petition; timeliness
(rupert112811g)
(Posted: November 28th 2011)
Criminal:
Post conviction relief act petition; drug case; search and seizure; ineffective counsel; issues addressed by prior appeal; testimony of police officer as expert; appropriateness of use of oral motion in limine to address potential testimonial issues, thereby allowing a substitute witness to be called; prejudicial closing argument; vouching for truthfulness of police officer; necessity for expert to prepare a report
(Monroe112311bt)
(Posted: November 23rd 2011)
Criminal:
Motion for authorization of costs and fees for forensic psychiatric evaluation; use of insanity defense in juvenile proceeding; statutory authority; purposes and procedures of the Juvenile Act
(NMJ112111g)
(Posted: November 21st 2011)
Custody:
Appeal; custody modification petition; fast track appeal; jurisdiction; claimed due process violation because court refused a continuance or a telephone testimony; adequacy of notice; evaluation of education choices for autistic child; homeschooling; authorization of Children and Youth action to enforce court orders
(ONeil112111m)
(Posted: November 21st 2011)
Criminal:
Non-jury trial; prisoner assault case; credibility determinations; elements of assault and aggravated assault
(Richardson112111L)
(Posted: November 21st 2011)
Criminal:
Appeal; post conviction relief act petition
(Scott112111bt)
(Posted: November 21st 2011)
Divorce:
Motion to vacate post-nuptial agreement; fraud, lack of disclosure and_x000d_
unconscionability; full and fair disclosure
(tartaglione111811a)
(Posted: November 18th 2011)
Criminal:
Post sentence motion; weight of the evidence; drug case; consistency of verdict of acquittal for delivery of a controlled substance and conviction for criminal use of a communication facility; necessity of consecutive period of supervision; rehabilitation goal; applicability of school zone mandatory minimum; including a nursery school as a school under the enhancement statute
(Rogers111611bt)
(Posted: November 16th 2011)
Support, Divorce:
Petition to interpret agreement; jurisdiction of the court; intent of parties under contract law; mortgage payment in lieu of child support; authority of parents to bargain away child support; public policy
(mps111511m)
(Posted: November 15th 2011)
Criminal:
Post conviction relief act petition; assault and drug conviction in a non-jury trial; legality of sentence; merger of offenses; conviction of more than one inchoate offense relating to the same crime; status of attempted assault as defined by the statute, as an inchoate crime; claim that sentence to Pre-Release Center is partial confinement; intermediate punishment
(Reiman111011bt)
(Posted: November 10th 2011)
Criminal:
Competency of the victim to testify; tender years act; capacity to perceive the nature of the events about which testimony is being elicited; impact on child of conversations with mother; independent recollection; incompetency merely because of age
(Hayduk101311L)
(Posted: November 7th 2011)
Criminal:
Suppression motion; officer's reasonable belief that a traffic violation occurred as a basis for a traffic stop
(Webb102111L)
(Posted: November 7th 2011)
Criminal:
Appeal; weight and sufficiency of evidence of endangering the welfare of a child; parent's knowledge of sexual abuse of her child; evidence that parent attempted to protect perpetrator to detriment of child; need for criminal verdicts to be consistent; conviction of endangering where perpetrator is not convicted of the sexual offense
(Segraves102111L)
(Posted: November 7th 2011)
Criminal:
Appeal; merger of sentences; remand for resentencing
(matty110711a)
(Posted: November 7th 2011)
Criminal:
Appeal; legality of sentence; waivability of RRRI minimum sentence; discretion of district attorney; discretion allowed by the statute; waiver of issues not preserved at sentencing or in post sentence motion
(White110411L)
(Posted: November 7th 2011)
Criminal:
Appeal; discretion of court to sentence in the aggravated range; consideration of two prior ARDs; history of long term drinking problem and disregard of traffic laws; impact of dispositions not counted in the prior record score
(Lucas110411L)
(Posted: November 7th 2011)
Civil:
Non-jury trial; replevin; claim of gift; clear and convincing evidence; credibility
(munro110411a)
(Posted: November 6th 2011)
Criminal:
Motion to dismiss; rule 600; efforts to locate and apprehend defendant after the criminal complaint filed; due diligence; defendant jailed in another jurisdiction
(blackman110411L)
(Posted: November 4th 2011)
Criminal:
Motion for credit; arrest on one charge and later prosecuted on charge growing out of act occurring before arrest
(hall110411L)
(Posted: November 4th 2011)
Criminal:
Appeal; consecutive sentence to new criminal charges; discretionary aspects of the sentence; revocation of probation; crimes committed while on probation
(Wyland102511bt)
(Posted: October 25th 2011)
Criminal:
Appeal; competency issue; waiver of Miranda rights
(Tanner102511bt)
(Posted: October 25th 2011)
Criminal:
Post conviction relief act petition; eligibility; defendant no longer serving a sentence at the time of the petition
(Cassidy102111bt)
(Posted: October 21st 2011)
Criminal:
Appeal of non-final order dismissing post conviction hearing act petition; jurisdiction of the court; admissions made during the guilty plea hearing
(Scott102011bt)
(Posted: October 20th 2011)
Dreher & Takach vs Williamsport Parking Authority vs. River Valley Transit
10.19.2011
Richard A. Gray
Civil:
Appeal
(Dreher101911g)
(Posted: October 19th 2011)
Civil:
Non-jury trial; verdict for defendant in a case involving a fall; obvious and known condition
(Litz101911g)
(Posted: October 19th 2011)
Criminal:
Post conviction relief act petition; timeliness; exceptions
(Rupert101311g)
(Posted: October 13th 2011)
Criminal:
Suppression motion; warrantless vehicle seizure and search
(Matty093011bt)
(Posted: October 4th 2011)
Criminal:
Motion to consolidate; drug case; conspiracy counts; prejudice; Bruton problem due to statement by one defendant implicating the other; use of redaction and jury instruction limiting consideration of statement; judicial economy
(Robinson091011L)
(Posted: October 3rd 2011)
Criminal:
Suppression motion; DUI; mere encounter of defendant in a parked, running vehicle; officer's observations of defendant's intoxicated appearance
(Prechtl092311L)
(Posted: October 3rd 2011)
Criminal:
Oral post trial motion; double jeopardy and eligibility for the recidivism risk reduction incentive program; sentencing enhancement; lesser included offense; jurisdiction to resentence on issue not remanded by Superior Court; waiver; eligibility for RRRI minimum sentence
(Snook092711L)
(Posted: October 3rd 2011)
Criminal:
Motions for modification of restitution; burden of proof; clear and convincing evidence; credibility of victim compared to credibility of defendants
(buck092811L)
(Posted: October 3rd 2011)
Civil:
Non-jury trial; specific performance; contract for the sale of real estate; writing satisfying statute of frauds; minor discrepancies in terms
(Hoffman093011g)
(Posted: October 3rd 2011)
Criminal:
Petition for habeas corpus; sufficiency of evidence of aggravated assault; circumstantial evidence of intent to cause serious injury
(Richardson092711bt)
(Posted: September 28th 2011)
Criminal:
Appeal; claim of harsh and excessive sentence; revocation of probation; relevance of prior record score; history of probation violations and resisting authority
(Mullen092711bt)
(Posted: September 28th 2011)
Criminal:
Post conviction relief act petition; ineffective counsel; knowing, voluntary, and intelligent guilty plea; elements of aggravated assault; child abuse
(Degarmo092111bt)
(Posted: September 23rd 2011)
Rose Valley/Mill Creek Watershed Association vs. Lycoming County Planning Commission vs. Maguire; Gamble Township, intervener
9.22.2011
Richard A. Gray
Civil:
Subdivision and land development appeal; standard of review; requested waiver of road width and cul-de-sac requirements of the Lycoming County Subdivision and Land Development Ordinance; power to deny subdivision approval based upon generalized concerns over environmental impact; adequacy of hearing and record keeping
(rose092211g)
(Posted: September 23rd 2011)
Criminal:
Post-sentence motion for judgment of acquittal; drug possession; sufficiency of evidence
(matty092111a)
(Posted: September 22nd 2011)
Criminal:
Motion to suppress; probable cause in the search warrant application; request for sample of DNA to connect defendant to crime; sufficient evidence connecting defendant to theft crime
(Balliet091611bt)
(Posted: September 20th 2011)
Criminal:
Motion to suppress evidence; use of zoom lens to view defendant's out-of-doors activities; search of a trash dumpster with public access; reasonable expectation of privacy; voluntariness of waiver of Miranda rights
(Bilbay091611bt)
(Posted: September 20th 2011)
Criminal:
Appeal of sentencing order; claimed excessive and harsh sentence; discretionary aspect of sentence; revocation of probation; multiple violations of probation conditions
(Winter091611bt)
(Posted: September 20th 2011)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; coerced guilty plea; detailed guilty plea colloquy
(Cassidy092011bt)
(Posted: September 20th 2011)
Adoption:
Motion for modification of child's placement; removal from her resource home_x000d_
to place into kinship home; considering placement with relatives; best interests of the child; proposed placement with great grand parents; age and health considerations; lack of contact with parents
(as091611m)
(Posted: September 19th 2011)
Criminal:
Motion to suppress; drug case; warrantless search of a home; exigent circumstances; suspected destruction of evidence
(Davis091611bt)
(Posted: September 19th 2011)
Graham vs. Trumbull Corp. & PaDOT vs. Millard; Downs vs. Trumbull Corp. & PaDOT vs. Millard; Millard vs. Trumbull Corp. & PaDOT
9.16.2011
Richard A. Gray
Civil:
Summary judgment motion; real estate exception to immunity; lack of evidence of causation; extending sovereign immunity to contractor; contractor performing work as required by specifications; defending defective roadway claim by pointing to criminal negligence of driver; abrogation of assumption of the risk defense
(Graham091611g)
(Posted: September 17th 2011)
Dreher & Takach vs. Williamsport Parking Authority vs. River Valley Transit
9.13.2011
Richard A. Gray
Civil:
Motion for summary judgment; trip and fall; governmental immunity; notice of a sidewalk defect; constructive notice; evidence of length of time defect existed
(dreher091311g)
(Posted: September 14th 2011)
Divorce:
Exceptions to equitable distribution and alimony; amount and duration of alimony; credit for support payments; gap between distribution order and QDRO implementation; allowing option to pay present value of survivorship benefit of pension or prepare QDRO; minimum wage earning capacity assessed for college graduate, stay at home mother; cash award where there are no liquid marital assets
(rl091311m)
(Posted: September 14th 2011)
Custody:
Petition to determine whether best interest of child is attending kindergarten this year or next; shared custody; disadvantages of younger child
(JS081911L)
(Posted: September 12th 2011)
Lycoming Law Association
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Suite 803
Williamsport, PA 17701
